- (1.) Supplementary affidavit filed today is taken on record. By this writ petition, the petitioners 2 and 3 who are President and Secretary of the petitioner no.1 Society, are challenging the auction notice dated 14.7.2012, 21.9.2012 and the recovery certificate dated 10.2.2010 issued by the respondent no.2.
(2.) The case of of the petitioner is that some villagers of the petitioner's village founded a Sahakari Samiti, namely, Dugadh Utpadak Sahakari Samiti, Rajepur, Bheem, Azamgarh (hereinafter referred to as 'Samiti') on 25.6.2006, which is governed by the provisions of the U.P. Cooperative Societies Act, 1965 and the Rules framed thereunder. However, there is no averment either in the writ petition or in the supplementary affidavit which has been filed today in pursuance of the order of this Court dated 20.9.2012, as to whether the petitioner's society is registered under the U.P Cooperative Societies Act, 1965.
(3.) The contention of the petitioners is that the society took a loan of Rs. 10 lacs on 16.3.2007 as stated by Sri Shashidhar Sahay, learned counsel appearing for the respondent no.7 Union Bank of India. A recovery citation was issued to the petitioners on 10.2.2010 and still when the loan was not paid by the petitioners a notice dated 14.7.2012 for auction of the mortgaged property was issued and 21.9.2012 was fixed for auction.;